Revolutionary War Pension and Bounty Land Warrant Application File S. 874, Henry Fourt, New Jersey

SERVICE
NUMBER
New Jersey
of Court, Henry
S 874
Carded
CONTENTS
[Ruled lines for entry]
[Ruled lines for entry]

017345  New Jersey  Henry South
of Somerville in the State of N. Jersey who was a Private in the Camp commanded by Captain Pomeroy of the Regt commanded by Col. Quick in the N. Jersey line for 1 Yr.
Inscribed on the Roll of N. Jersey at the rate of 40 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 day of Aug. 1831 and saw the J.T. New Jersey the present
  Arrears to the 4th of March  $ 80    Rem-ant. allowance ending 4 Sept  20     $100  
Revolutionary Claim, Act June 7, 1832.  Recorded by W. C. Steele Clerk Book 6 , Vol. 3 Page 111

State of New Jersey Somerset County } ss.
On this thirteenth - day of August eighteen hundred and thirty two personally appeared in open court before William B. Gaston and others - Judges of the Court of Common Pleas in and for said county of Somerset Henry Foust, a resident in the Township of Franklin in said county and state and aged seventy six years, who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the act of longress passed June 7. 1832.
This deponent was born in Franklin Township in the county of Somerset, in this state on the first of Oct 1755. He has since always lived in that Township. His age is recorded in the Family Bible which he produces in court. He entered the Militia service as a volunteer under Capt Peter Powney. Major Henry Waird. Col Abraham Quick and Lieutenant Colonel Henry Van Dike. The first year was spent in training but on the 1st of July 1776 they marched directly to the city of New York, and while there the declaration of Inde- pendence was made. The British fleet lay off the bay. We staid there some days and then went to Elizabeth Town and one half were sent home; of those that staid the decla- ration was read to them and they all agreed to stand to it. On his return he was confined by sickness. He thinks he did not go out again till December. Captain Powney started again, but got tired and turned back. They went to Long Island and from thence to Pennington. The British were there about Rocky Hill. General Howe commanded the British. Then went up the river to Sherids ferry, he was out on this town a month. After this he staid home some time and then he went to Somerville and kept guard for a month.

under Capt Powney and Lieutenant William Jones - When the British made a move towards Millstone he was out all the time till the British left New Brunswick in June - In August he went to Elizabeth Town and was there one month under Col Frelinghuysen. His next tour was under Capt Lott for one month to Elizabeth Town, while there news came in of the Alliance with France. His next tour was under Capt William Jones and Col Henry Van Dike - They marched to Black Horse first and then to the Drift-bridge on Raritan creek, and built up a kind of work - went from there towards Trenton, and from there to Allentown, and from that to the meeting house, and was there till the battle of Monmouth. General Lee was to attack the British, but he retreated, as soon as they met -
General Washington remembered the next morning in his general orders the brave conduct of the Militia of New Jersey. The battle was fought the 28 th of June 1778.
There about a half of a month. He was at Spring field under William Jones. Col Van Dyke 18 June 1780
He was out the next fall at Woodbridge under Capt. Hershaw & Col. Webster one month.
He thinks and believes that he was out in actual service in all as much as one year -
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State.
I have to and subscribed the day and year aforesaid.
Henry South
Wm Lloyd Gaston

the David Comfort a clergyman residing in the County of Somerset and State of New Jersey and William Van Tilburgh residing in the same place hereby certify that we are well acquainted with Henry Fount who has subscribed and sworn to the above declaration that we believe him to be seventy six years of age that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion - Sworn and subscribed this day and year aforesaid.
W. Van Tilburgh
David Comfort William Van Tilburgh
Hendrick Corlekyon of the township of South Morristown in the County of Mend do hereby certify that he is well acquainted with Henry Fount who has sworn to and subscribed the foregoing decla- ration, and that this deponent be- longed with the said Henry Fount to the company of Capt. Williams Sons and that they were out to- gether several times in actual ser- vice in the militia during the re- volutionary war - they were together at Woodbridge - at the battle of Mon- mouth and at Springfield - and this deponent verily believes that the said Henry Fount served his country during that war more than one year. Sworn and subscribed as aforesaid
Hendrick Corlekyon

and the said Court of Common Pleas do hereby declare their opinions, after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them, that David Comfort is a resident gentleman in the township of Franklin in the County of Somerset and that William Vanilburgh, who has also signed the same statement and Hendrick Cottelgren who has been examined as a witness before us - are entitled to credit.
A. J. Easton
John Pitkin
Rev. Vandermeer
I, John M. Mann, clerk of the Court of Common Pleas of the County of Somerset, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Henry Fount for a pension.
In testimony whereof I have hereunto set my hand and seal of the said Court this thirteenth day of August, Eighteen hundred and thirty two.
J. M. Mann
Henry Fount Barnesburg

44,78.
Supplemental de- claration of Henry Front, an officer for a pension under law June 1832 the paper, numbered 44,78.
Admitted Paid 12 months
James F. Randolph New Bruns.

Supplementary proceedings in the case of Henry Fount, an applicant for a Pension under the Law of June 1832.
State of New Jersey, Middlesex County. ss. Be it known that on this sixteenth day of July in the year of our Lord one thousand eight hundred & thirty three, before me the undersigned a Justice of the Peace in and for the County aforesaid, per- sonally appeared Henry Fount, the applicant for a Pension named in the paper numbered 4478 who being duly sworn, deponeth & saith, that by reason of old age & the consequent loss of memory and other infirmities incident to his years, he cannot swear po- sitively to the precise length of his services, nor, in all instances, to the particular concerning it, but according to the best of his knowledge, he served not less than the periods mentioned below, and in the manner herein stated, and always in the grade of a private: His first term of duty was in July 1776, under Capt. Purnyea, Col. Baird, & Col. Quick, & lasted at least one month, was served as stated in his original declaration, at New York & Elizabeth- town, the country intervening. His next term, as he now recollects, was in November of the same year under Captain Probasco, & was of a month's duration, and was served in the country between Princeton & the Delaware, at the time of Spent before the retreat of Gen. Washington through the State. His next term, which was also for one month, was in the same district of country, under Capt. Purnyea, & engaged as before in resisting the advance of the enemy & protecting the families and property of his fellow citizens. His next term, as he thinks, was in February or March of 1777, under Capt. Purnyea, lasted a month at least, & was spent in keeping guard at Somerville. From the termination of this term till the first of June following he was out nearly or quite all the time, and served at least two months at Millstone, and

the adjacent country in scouting parties & affording protection to persons and property from the enemy. In August 1777, was out again & served a tour of one month at Elizabeth- Town under Capt Wheeler, (who temporarily occupied the place of Capt Purney, then sick) & Col Trebley's regt. From this time to April 1778 he cannot recall to his mind the amount of service he performed, nor where, nor under whom, but is sure he was out most of the time. In April 1778 was out on a tour of a month under Capt Lott, at the Elizabeth Town guarding that station. Recollects this from the circum- stance of the news of the treaty between the U. States & France arriving at the time. In June following he served another tour of a month under Capt Wm Jones, principally in West Fanny, at Black Horse, Brownstown, & other places more particularly mentioned in his original de- claration. From this time to the Fall of 1790 he can recollect nothing distinctly of his services, though certainly performing much in the mean time. In the fall of 1790, as he is reminded by the testimony of Benedict Co- tley on, he served a tour of a month at the Woodbridge station under Capt Keyser. In June 1780, he again recollects of being out, at being the time of the battle of Spring- field. Served one month then under Capt Jones & Col Hardyke at & between Springfield & Elizabethtown in the peculiar shield service of that district of 2 county. During the same year he performed at least two other tours of a month each (thinks it was more) in the same district of county & in the same service under Capt Jones. In 1781, he recollects of being out at the time of the revolt of the Pennsylvania line and performing a tour of at least one month under Capt Jones, at the Raritan Landing & other places

in the vicinity of New Brunswick. I have per- formed more service in this year, but is utterly un- able to specify, & infinitely prefers to be far below the truth than one jot to exceed it. But for these services, thus specified, he claims a pension. from Subscribed before me Henry Fort - the day & year aforesaid Peter P. Runyon } Justice of the Peace }
I Nicholas Bonaer, Clerk of the Inferior Court of Common Pleas, in and for the County of Middlesex, New Jersey, do hereby certify that the foregoing are the supplemen- tary proceedings in the case of Henry Fort, an ap- plicant for a Pension, that Peter P. Runyon before whom said proceedings were had, is a Justice of the Peace, and that the signature Peter P. Runyon above written, is in the proper hand writing of said Runyon.
In testimony whereof, I have hereunto set my hand and af- fixed the seal of the Court, this Eighteenth day of July, one thousand eight hundred and thirty three.
N Bonaer Clerk

Somerset County Court of Common Pleas. The County of said person, appeared as open Court Henry Foust an applicant for a pension under the act of Congress passed 7 th of June 1832, and the said Court pronounced to him the following interrogatories, which were answered under oath. 1. Where and in what year were you born?
Answer - I was born in the township of Franklin in the County of Somerset and State of New Jersey on the 1 st October 1755. Henry Foust.
2. Have you any record of your age and if so where is it?
Answer - My age is recorded in the family bible, which I produce in Court. Henry Foust.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live?
Answer - He lived with his father when he entered the service in the said township of Franklin and he has lived in said township ever since. Henry Foust.
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute and if a substitute for whom?
Answer - He entered the service as a private in the Militia of

New: Lundy
Henry Fourt
5. State the names of some of the Regular Officers, who were with the troops, when you served; such continental and militia Regiments as you can recollect, and the general circumstances of your service. Answer. This deponent refers to his declaration for his answer to this interrogatory, and now deposits and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grade for one year at least served as a private in the militia of the State of New Jersey, and for such service I claim a pension.
Henry Fourt
6. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
Answer. I never received a discharge from the service - and have no other evidence of my service than what I have heretofore presented.
Henry Fourt
7. State the names of persons to  some of the persons you are known to in your Regular Officers who were with the present neighborhood, and the troops to whom

who can testify as to your character of veracity, and their belief of your services as a soldier of the Revolution.
Answer. I have already referred to Williamantilempe, the Rev. David Lomgott and Benjamin Lottelton, who have testified to my character for veracity, and their belief of my services, as a soldier of the Revolution.
Henry South
We the judges of the Court of common Pleas of the County of Somerset sit in the State of New Jersey do hereby certify that Williamantilempe, the Rev. David Lomgott and Benjamin Lottelton are persons of truth and credibility and entitled to full credit and belief, and that the papers now attached together are the original papers in the matter of application of Henry South, and are now sent back to the Department - and we have directed the clerk of this Court to attach the interrogatories and answers above taken by a piece of tape or narrow ribbon and to pass the ends of the same under his seal of office, done this 4 th day of June 1833.
William South Peter Rootman John J. Gaston

I, John M. Mann, clerk of the court of common Pleas of the county of Somerset, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Henry Fount for a pension, and also the interrogatories propoun- ded to the said Henry Fount and his answer thereto under oath, all of which I have attached together by a piece of tape or narrow ribbing, the ends of which I have pasted under my seal of office, and I do further cer- tify that William B. Galt, John J. Taylor, and Edward Vander- veer Peter, Stephen, & Peter Vorhues are judges of the court of com- mon Pleas of the county of Somer- set and that the signatures ap- pearing to the original papers as well as the foregoing are genuine signatures, and full faith is due to their official acts.
In testimony whereof I have hereunto set my hand and sealed office this fourth day of June 1833
J. M. Mann

BRIEF in the case of  Henry Forst of Franklin  County of Somerset  in the State of  New Jersey  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     July 1 In 17 76 "Was out in actual service in all as much as one Year" Private Gen. Capt. Romney, Lt. H. Jones, Col. Linn, Col. Dyke, Genl. Washington  
 5. In what battles was he engaged? Monmouth  6. Where did he reside when he entered the service? Somerset County, New Jersey.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living & traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct Except the service not stated as required 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. S. M. ... Examining Clerk.

4478 omit
Henry Fous
Return this
Admitted Private 12 months
Hon. J. F. Randolph Pursuer

WAR DEPARTMENT,
Pension Office,
June 14 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Henry Fount
   Period when the service was rendered. Duration of the claimant's service. Limit of the claimant. Name and rank of the Field officer under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.      
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this                      day of                      personally appeared (a) before A. B. a resident (b) of                      in the county of                      and State, Territory or District of                      aged (c)                      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)                      , with                      and served in the                      (e) regiment of the                      line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I                      of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                      for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of                      &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the                      and C. D. residing in (the same)                      hereby certify, that we are well acquainted with                      , who has subscribed and sworn to the above declaration; that we believe him to be                      years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the                      and that C. D., who has also signed the same is a resident in the                      and is a credible person, and that their statement is entitled to credit.
I,                      Clerk of the Court of                      do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of                      for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. Luse Somerset County Application of Henry Hunt for pension under act of June 7-1832-
No 4 478
Pass

New York
INVALID.
File No.
874 Duty Court, New York City
Act:
June 7, 1832.
Index:—Vol.
a
Page
128
[Arrangement of 1870.]